The general theme of the course is: “The contemporary system of implementing International Humanitarian Law (IHL)”. After an introductory study of Humanitarian Law in armed conflict (such as the historical development, the main sources of IHL, the scope of application and definition of armed conflicts, the protection of victims as well as the means and methods of warfare), the course will deal with topical developments in the law and state practice at the diplomatic level, in the judicial field and during armed conflicts. The lectures and working groups will focus on the interplay between the more traditional rules governing the conduct of parties in armed conflict and new developments in the areas of collective reactions of states to violations of rules and recently created new methods and means of implementation. Among the topics to be addressed are: the regulation of modern technologies like drones, autonomous weapons systems, and cyber-attacks; the regime on landmines and cluster munitions as well as biological and chemical weapons, UN peace operations, safe areas, the role of non-State actors, the “war against terrorism”, criminal responsibility and international war crimes tribunals and their influence on the development of IHL.
Course Objectives
The main objective of this course is to learn about the history of IHL and the different types of armed conflicts. It will teach students help to understand to which situations IHL applies. Furthermore, the course will look into the protection of protected persons under IHL. Another focus is the conduct of hostilities under IHL. Finally, the course will analyse the implementation and enforcement of IHL and find out how compliance of IHL can be stimulated.
Achievement levels
By referring to sample questions of major relevance for IHL as such, the course will identify the key factors for the understanding of the substance and contact of the law as well as its application in critical situations.
Mode of Instruction
The lectures and seminars are held in-person on campus, in Leiden. The reading prescribed for each class must be done in advance.
Assessment Method(s)
The course assessment is a 6000-word essay for which students will work individually. A list of possible topics will be circulated at the beginning of the course. The topic has to be selected by students by the end of the six lectures. A select number of students are able to participate in the Leiden International Humanitarian Law Clinic and can replace their essay with the writing a respective report in this context.
Reading List
Required textbook & materials:
Nils Melzer, International Humanitarian Law – A Comprehensive Introduction, ICRC, August 2016 (available here: International Humanitarian Law: A Comprehensive Introduction | International Committee of the Red Cross (icrc.org)
Robert Heinsch, International Humanitarian Law, in: Cecily Rose et al., An Introduction into Public International Law, pp. 230-253, Cambridge University Press 2022
ICRC, The Geneva Conventions of 12 August 1949
ICRC, Protocols Additional to the Geneva Conventions of 12 August 1949
More detailed literature and materials will be provided on Brightspace (and consistently updated throughout the course)
Brightspace
Additional reading will be indicated in the course reader and in the electronic learning environment, Brightspace.
Disclaimer
Should there be any future extenuating circumstances which may impinge our teaching and assessment, these could necessitate modification of the course descriptions after 1 September. This will only happen in the event of strict necessity and the interests of the students will be taken into account. Should there be a need for any change during the course, this will be informed to all students on a timely basis. Modifications after 1 September 2024 may only be done with the approval and consent of the Faculty Board and Programme Director.